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QUO VADIS, FAIR USE? THE FUTURE OF FAIR USE AFTER THE WARHOL DECISION.

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Title: QUO VADIS, FAIR USE? THE FUTURE OF FAIR USE AFTER THE WARHOL DECISION.
Authors: Feliú, Vicenç1, Lida, Josh2
Source: Northwestern Journal of Technology & Intellectual Property. Mar2025, Vol. 22 Issue 2, p219-260. 42p.
Subjects: Fair use (Copyright), United States. Copyrights (1976), Copyright, Legal judgments, Art auctions
Abstract: This article critically examines the recent Supreme Court decision in Warhol v. Goldsmith and its impact on fair use within the realm of visual art. The paper traces the historical development of fair use from its inception in Folsom v. Marsh in 1841 to its formal integration into the Copyright Act of 1976 and subsequent evolution through landmark Supreme Court rulings. The article focuses on the Court's scrutiny of the first factor of the fair use doctrine in Warhol v. Goldsmith, particularly the emphasis on commercial intent in determining fair use. It argues that the Court's elevation of commercial considerations undermines the original purpose of fair use, which is to encourage critical and transformative uses of copyrighted material. Furthermore, the article critiques the Court's failure to consider practical aspects of art creation and sale, which are integral to fair use analysis in the context of visual art. It contends that fair use analysis should prioritize the contribution of a work to the overall message or expression of a subsequent work, rather than solely focusing on commercialization. The authors of this paper urge courts to reevaluate fair use in visual art, taking into account the inherent complexities and interpretive nature of the medium. They advocate for a more nuanced approach that balances artistic expression with copyright protection, ensuring that fair use continues to foster creativity and innovation in the visual arts. [ABSTRACT FROM AUTHOR]
Copyright of Northwestern Journal of Technology & Intellectual Property is the property of Northwestern University School of Law and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Database: Engineering Source
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  Data: QUO VADIS, FAIR USE? THE FUTURE OF FAIR USE AFTER THE WARHOL DECISION.
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  Data: <searchLink fieldCode="JN" term="%22Northwestern+Journal+of+Technology+%26+Intellectual+Property%22">Northwestern Journal of Technology & Intellectual Property</searchLink>. Mar2025, Vol. 22 Issue 2, p219-260. 42p.
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  Data: <searchLink fieldCode="DE" term="%22Fair+use+%28Copyright%29%22">Fair use (Copyright)</searchLink><br /><searchLink fieldCode="DE" term="%22United+States%2E+Copyrights+%281976%29%22">United States. Copyrights (1976)</searchLink><br /><searchLink fieldCode="DE" term="%22Copyright%22">Copyright</searchLink><br /><searchLink fieldCode="DE" term="%22Legal+judgments%22">Legal judgments</searchLink><br /><searchLink fieldCode="DE" term="%22Art+auctions%22">Art auctions</searchLink>
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  Data: This article critically examines the recent Supreme Court decision in Warhol v. Goldsmith and its impact on fair use within the realm of visual art. The paper traces the historical development of fair use from its inception in Folsom v. Marsh in 1841 to its formal integration into the Copyright Act of 1976 and subsequent evolution through landmark Supreme Court rulings. The article focuses on the Court's scrutiny of the first factor of the fair use doctrine in Warhol v. Goldsmith, particularly the emphasis on commercial intent in determining fair use. It argues that the Court's elevation of commercial considerations undermines the original purpose of fair use, which is to encourage critical and transformative uses of copyrighted material. Furthermore, the article critiques the Court's failure to consider practical aspects of art creation and sale, which are integral to fair use analysis in the context of visual art. It contends that fair use analysis should prioritize the contribution of a work to the overall message or expression of a subsequent work, rather than solely focusing on commercialization. The authors of this paper urge courts to reevaluate fair use in visual art, taking into account the inherent complexities and interpretive nature of the medium. They advocate for a more nuanced approach that balances artistic expression with copyright protection, ensuring that fair use continues to foster creativity and innovation in the visual arts. [ABSTRACT FROM AUTHOR]
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  Data: <i>Copyright of Northwestern Journal of Technology & Intellectual Property is the property of Northwestern University School of Law and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract.</i> (Copyright applies to all Abstracts.)
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              Text: Mar2025
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